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Posted

I am a us citizen, and my wife from chile is currently on an h1b visa. We've filed for a greencard through marriage, including AOS through 1-485 and work authorization through I-765.

 

She urgently wants to change her job. Once she receives her EAD, can she quit her h1b job, and begin employment with a new job that is not sponsoring her on her h1b? Will she loose legal status if she does this? I read elsewhere that the risk to this is that if the I-485 AOS is denied, she will be not be able to work and subject to removal. Our case is pretty straightforward and I'm confident it will eventually be approved.

 

any insight would be really helpful! thanks!

Posted (edited)
14 minutes ago, Gaspar1234 said:

I am a us citizen, and my wife from chile is currently on an h1b visa. We've filed for a greencard through marriage, including AOS through 1-485 and work authorization through I-765.

 

Hopefully, I-485

 

Ideally, yes, she'd maintain H-1B status all the way through the process, until she receives green card through marriage to you. For that she can find another H-1B employer who will "transfer" her H-1B. She wouldn't need to go through lottery or leave the country to do this. Why would it be beneficial to maintain status? So she could fall back on her H-1B status if marriage based green card does not work out.

 

This is the ideal scenario.... However, she has EAD and is married to US citizen. So she can switch to any employer she wants today. The worst case scenario, even if somehow I-485 gets denied due to technicality (forgot to submit evidence etc), she could refile I-485. Most marriage based GCs are approved unless she's inadmissable due to crime, fraud or misrepresentation etc.

 

 

Edited by OldUser
 
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